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Legal Eagle
My employee performed unauthorized procedures. Am I negligent?
Unbeknownst to Dr. Derm, one of his medical assistants regularly performs cosmetic laser procedures after hours on his friends, one of whom had terrible complications. This now former friend has sued both the medical assistant and his employer, Dr. Derm, alleging the medical assistant, by definition of his training, did not perform within the standard of care.
What are the legal issues here?
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Fractional resurfacing and the standard of care
It is important to note that where there are two or more recognized methods of diagnosing or treating the same condition, a physician does not fall below the standard of care by using any of the acceptable methods even if one method turns out to be less effective than another method.
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